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Surety Law & Payment Bond Claims

An important difference between public and private construction projects is that the mechanic’s lien remedy is typically not available on public projects. In place of the mechanic’s lien, general contractors on public projects are often required to obtain payment bonds, against which unpaid subcontractors can make claims for payment. Applicable law establishes strict form, content, and timing requirements for claims against payment bonds, depending on the type of project. Because of the complexity of this area of the law, it is important that contractors have experienced construction counsel to assist them with making (or defending) payment bond claims, to ensure their rights are protected.

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